Hon’ble V.C. Misra, J.—Heard Sri K.K. Arora, learned Counsel for the appellants and Sri Sankatha Rai, learned Counsel for the respondents.

2. This second appeal arises out of the judgment and decree dated 21.4.1980 passed by 1st Additional District Judge, Bijnor in Civil Appeal No. 49 of 1979, Nardeo Singh & others v. Mahabir Singh and another confirming the judgment and order dated 28.2.1979 passed by the Additional Civil Judge, Bijnor in Original Suit No. 2 of 1975, Mahabir Singh v. Babu Ram and others.

3. The facts of the case in brief are that Mahabir Singh-plaintiffs (respondent No. 1 to the appeal) (hereinafter referred to as ‘the plaintiff) filed Original Suit No. 2 of 1975 for the relief of specific performance of contract on the basis of an unregistered agreement for sale dated 12.8.1974 against Babu Ram-original tenure holder (defendant No. 1 to the plaint and respondent No. 2 to the second appeal) (hereinafter referred to as the defendant No. 1), of plot No. 90 area admeasuring 5 Bigha 7 Biswa 10 Dhur, situated in village Bakaina, Pargana Basta, District Bijnor. The said agreement for sale was executed by Babu Ram in favour of Mahabir Singh-plaintiff-respondent